Jhumari Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.997 of 2021 Arising Out of PS. Case No.-164 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Jhumari Khatoon Daughter Of Late Faiz Khan @ Salman Ram Resident Of Belogola, Ward No. 20, Bhuneshwar Chowk, P.S. Ram Nagar, Dist- West Champaran ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Milind Kumar Mishra, Adv, For the Respondent/s :
Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2021 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of bail vide order dated 15.10.2020 passed by learned 1st Additional District and Sessions Judge-cum-Special Judge, SC/ST, Bettiah, West Champaran in connection with Ram Nagar P.S. Case No. 164 of 2019 registered under Sections 447, 384, 34 of the Indian Penal Code and Sections 3 (i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In FIR, informant alleged that he purchased land for constructing the house and mutation of alleged land is done in
Patna High Court CR. APP (SJ) No.997 of 2021(2) dt.03-03-2021 2/3 favour of Dharmendra Kumar. He further alleged that he went to his land where he saw that the appellant was making hut on his land with the help of two persons after this he inquired from the appellant in this regard on which she demanded of Rs. 2,00,000/- from him for making house of his and she abused his caste name and she threatened him for implicating in false case and due to fear of her brothers he went away from the land. It is submitted by learned counsel for the appellant that appellant is innocent and has been falsely implicated in this case. He submits that there is land dispute between the parties. He submits that appellant is a woman and she did not go to the house of informant for demanding the alleged amount, she was making hut that the land in question belongs to her mother. He further submits that appellant is languishing in judicial custody since 21.09.2020.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cum-Special
Patna High Court CR. APP (SJ) No.997 of 2021(2) dt.03-03-2021 3/3 Judge, SC/ST Act, Bettiah, West Champaran in connection with Ram Nagar P.S. Case No. 164 of 2019.
Accordingly, the impugned order is set aside and this appeal is allowed.
devendra/- (Anjani Kumar Sharan, J) U T